Common use of Capacity as an Officer or Director Clause in Contracts

Capacity as an Officer or Director. To the extent that the Shareholder or any of its Affiliates is an officer or director of the Company, nothing in this Agreement shall be construed as preventing or otherwise affecting any actions taken by any such Person in his or her capacity as an officer or director of the Company or from fulfilling the obligations of such office (including the performance of obligations required by the fiduciary duties of any such Person acting solely in his or her capacity as an officer or director), including, without limitation, participating in any such capacity in any discussions or negotiations in accordance with Section 6.4 of the Merger Agreement.